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MARTIN ELECTRONICS, INC. v. JONES

No. 1D03-4091.

877 So.2d 765 (2004)

MARTIN ELECTRONICS, INC., Appellant, v. Curtis and Annie JONES, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 28, 2004.

Attorney(s) appearing for the Case

Fred M. Johnson, Esquire and Amy J. Goddard, Esquire of Fuller, Johnson & Farrell, P.A., Tallahassee and Michael S. Smith, Esquire of Smith, Smith, Moore & Smith, P.A., Tallahassee, for Appellant.

Thomas M. Ervin, Jr., Esquire of Ervin, Chapman & Ervin, Tallahassee, David H. Burns, Esquire, Robert S. Cox, Esquire and Talley Kaleko, Esquire of Cox & Burns, P.A., Tallahassee, and Benjamin L. Crump, Esquire of Parks & Crump, L.L.C., Tallahassee, for Appellees.

BENTON, J.

Martin Electronics, Inc. (Martin) appeals the order denying the motion for summary judgment it filed when one of its employees, Curtis Jones, and his wife, Annie, brought suit. Their complaint alleges that Martin engaged in intentional conduct that was substantially certain to result in Mr. Jones's injury or death. In denying summary judgment, the trial court ruled that "[a]s a matter of law, Curtis Jones is entitled to [both an award of] workers' compensation...

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